Prominent female lawyer Kethi Kilonzo, who ferociously defended Raila Odinga’s petition in 2013, has joined many other legal minds in warning the National Super Alliance (NASA) leader against his planned swearing-in plan.
Penning her opinion on her Sunday Standard column, Ms Kilonzo observed that the inauguration plan is unconstitutional.
“The course proposed by NASA, to swear in Raila Odinga and Kalonzo Musyoka as president and deputy president on January 30, 2018, is unconstitutional.”Kethi wrote
According to Kethi, it’s clearly spelled in law that any attempt to form a government outside the provisions of the Constitution is unlawful.
“Article 3 of the Constitution provides that every person has an obligation to respect, uphold and defend the Constitution.
It also provides that any attempt to form a government outside the provisions of the Constitution is unlawful.”Kethi added.
She further noted that plans by the Opposition to form its government while in exile after the swearing-in is ill advised and one meant to destroy Kenya as a nation and its people.
“By proposing to form a government in exile, like the exiled leader of the secessionist movement in Catalonia has, NASA is aware that their proposed course of action threatens to cannibalise our Constitution, the nation and its people,” she added.
Daughter of the former Constitutional Affairs Minister Mutula Kilonzo, advised the NASA principals to try and look for alternative ways to achieve electoral justice.
“One of the mechanisms suitable for electoral justice is a popular referendum, like the once-hyped Okoa Kenya movement. The other is the dissolution of Parliament which as constituted is unconstitutional. There are many others,” she opined.
Kethi’s piece comes as NASA continued its push for the swearing-in of its leader Mr Odinga and his running mate Kalonzo Musyoka during a rally in Mombasa.
During the rally,President Kenyatta was given a 7 day ultimatum to change his mind on his refusal to hold talks with the opposition coalition.
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